Irish Probate Law

Irish laws govern the administration of probate matters throughout the country.

Probate refers to the distribution of a deceased person's estate. This can include the payment of outstanding taxes, plus any debts owed by the deceased. In Ireland, the probate process is regulated by law.

Disposal of an Estate Upon Death

After death, a person's representatives are granted legal authority to dispose of the person's estate. Section 10 of the Succession Act defines a person's representatives as being the person's legal heirs, or anyone the person has assigned to manage the disposal of his estate after death, such as the executor of a will.

Executor of a Will

The Irish High Court can summon a will's executor to prove the probate of a deceased person's estate. The executor may need to testify to the will's legitimacy, and state whether the will's contents represent the deceased person's wishes.

Revocation of a Will

Section 85 of the Succession Act covers a will's revocation. A person's will is automatically revoked if the person makes another will. The terms of an existing will can be revoked if a codicil is added to the will, changing the existing terms, or if the will is burned, torn up or destroyed, and the intention of the will's destruction was to revoke the will.

References

• Irish Statute Book: Succession Act, 1965--Devolution of Real and Personal Estate on Death
• Irish Statute Book: Succession Act, 1965--Executors and Administrators
• Irish Statute Book: Succession Act, 1965--Revocation of Will

Resources

• Citizens Information: Probate Office